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Council tables a change in profanity law
The city will address profane language that impedes law enforcement officers with a change in police procedure rather than a change in ordinance.
On Monday, Kenosha’s City Council unanimously tabled a proposal to revise a city ordinance that would have allowed police officers and firefighters to issue warnings and tickets when profane, vile, filthy and obscene language causes or provokes a disturbance while in the line of duty.
Alderman Patrick Juliana sponsored the original ordinance in August. The City Council subsequently deferred action on the change for 45 days at their Sept. 9 meeting.
Juliana requested that the item be tabled at Monday’s meeting due to a request from Kenosha Police Chief John Morrissey.
Morrissey said he had discussed the issue with the city attorney’s office and planned on implementing a policy within the department that officers could issue citations when people are causing a disturbance or impeding an officer in the line of duty without a third-party witness.
The Kenosha Municipal Court had previously ruled that a third party would need to sign a complaint to bring this citation forward, which the police department had followed.
Morrissey said he would instruct officers to issue tickets, even without a third-party complaint, in situations where they feel there is a violation of the city’s current profane language ordinance. A violation of the city’s profane language ordinance could lead to a fine of $114.
Morrissey assured that one curse word or slip of the tongue would not lead to a ticket.
“We’re talking about 15 minutes of an officer getting berated,” Morrissey said. “There has to be something in a situation where (profane language) is continual that there is something we can do.”
Morrissey said he was thankful for Juliana’s proposal.
“I think this is a significant issue,” Morrissey said. “The way some officers are treated on the street is terrible.”
Morrissey said if these citations are not upheld in municipal court, the issue may return to the City Council. Morrissey said the results of this policy change will be closely watched.
Two members of the public spoke on the proposed ordinance before Monday’s meeting.
Jonathan Marshall, a professor at Carthage College, questioned the constitutionality and legality of the proposal. Kenosha resident Lou Rugani said he supported the measure and felt the price for the citation may be too low.
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